SKYacademy Training Course Agreement
THIS AGREEMENT (hereinafter, “Agreement”) is hereby entered into by and between SkyAngels Enterprises, Inc (hereinafter, “SkyAngels” or “Company”) and Registered Student (hereinafter, “Student”).
THE PARTIES HEREBY AGREE AS FOLLOWS:
Student hereby agrees to pay a training fee to attend the SKYANGELS SKYacademy. SkyAngels will provide Student with one or all the following training and certification/s, based on the course/s the student registers and pays for:
• General Emergency Crewmember
• Gulfstream G550 Evacuation Crewmember
• In-flight Services & Hospitality
TERMS OF AGREEMENT
1. This agreement shall be effective as of the date indicated above.
2. Student will only receive certifications upon successful completion of the required training. The required training includes online training, practical training and a final assessment.
3. Student agrees that he/she has thirty (30) days from the date of the Agreement to complete the online training and sixty (60) days from the date of the Agreement to complete the required practical training.
4. Attending SKYacademy shall not be considered an offer of employment with SkyAngels. This Agreement contains no specific guarantee of success for any attendee. The Parties recognize that this Agreement does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between them. The intent of the SKYacademy is solely to train and certify attendees as described above.
5. Student shall NOT represent him/herself as SkyAngel Certified until Student has successfully completed all required training and passed the final assessment.
Consideration and Terms of Payment.
The training fee and/or initial installment payment shall be remitted in full at the time this Agreement is entered into. Whether or not Student successfully completes any or all of the required training, THE TRAINING FEE IS NON-REFUNDABLE. Under no circumstances will any portion of the training fee be refunded. By checking the box and clicking “sign-up”, Student confirms that he/she has read and understands this provision.
GENERAL TERMS AND CONDITIONS.
The terms and conditions contained in the Agreement shall govern and shall take precedence over any different or additional terms and conditions that may have been included in any documents attached to or accompanying this Agreement. Handwritten changes on the face of this document shall be ignored and have no legal effect.
CHOICE OF LAW.
This Agreement shall be construed under California law. Any action arising out of this agreement shall be heard by a state court in California. For this purpose, both parties specifically consent to jurisdiction in California.
ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and understanding of the parties and replaces any prior or contemporaneous agreement, whether written or oral.
NON-WAIVER.
No waiver by any party of any default or nonperformance shall be deemed a waiver of any subsequent default or nonperformance.
Notices/Administration.
Except as otherwise provided in this Agreement, all notices, requests and other communications that a party is required or elects to deliver shall be in writing and shall be delivered personally, or by facsimile or electronic mail (provided such delivery is confirmed), or by a recognized overnight courier service or by United States mail, first-class, certified or registered, postage prepaid, return receipt requested, to the other party at its address set forth below or to such other address as such party may designate by notice given pursuant to this section:
If to SkyAngels: Steffany Kisling 1555-A 4th Street. San Rafael, CA 94901
If to Student: NAME: (name used upon sign-up) ADDRESS: (address provided during sign-up)
SEVERABILITY.
If any provision of this Agreement shall be invalid or unenforceable with respect to any party, the remainder of the Agreement, or the application of such provision to persons other than those as to which it is held invalid or unenforceable, shall not be affected and each provision of the remainder of the Agreement shall be valid and be enforceable to the fullest extent permitted by law.
ARBITRATION AND VENUE.
This Agreement is entered into and shall be construed in accordance with the laws of California. Any claims or legal action between the Parties arising out of or relating to this Agreement will be conducted exclusively in federal or state courts in the State of California and Student consents to jurisdiction by such courts. By initialing this provision, Student and SkyAngels are agreeing to have any and all disputes that arise out of, or relate to this Agreement decided only by binding arbitration. The arbitrator shall be a retired judge or justice who shall render an award in accordance with the substantive law of the State of California. In all other respects, the arbitration shall be conducted pursuant to the rules of JAMS California, and not by court action, except as provided by California law for judicial review of arbitration proceedings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that this arbitration provision is self-executing and that a party shall not be required to obtain a court order compelling arbitration should the other party refuse to arbitrate. Pursuant to Code of Civil Procedure Section 1290.4, in any proceeding initiated by either party to confirm an arbitration award rendered in any arbitration matter between Student and SkyAngels, a copy of the petition to confirm and written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served either by personal service or United States Mail to the address of record. Student and SkyAngels agree that the period of notice shall be no more than ten (10) days from the date of personal service or fifteen (15) days from the date such documents are deposited in the United States Mail. In agreeing to this provision, both parties are specifically giving up:
ALL RIGHTS STUDENT AND SKYANGELS MAY POSSESS TO HAVE SUCH DISPUTES DECIDED IN A COURT OR JURY TRIAL; AND ALL JUDICIAL RIGHTS, INCLUDING THE RIGHT TO APPEAL FROM THE DECISION OF THE ARBITRATOR OR ARBITRATORS. IF EITHER PARTY SHOULD REFUSE TO SUBMIT TO ARBITRATION, THE OTHER PARTY SHALL BE ENTITLED TO PROCEED WITH ARBITRATION AS PROVIDED IN THIS PROVISION WITHOUT FIRST OBTAINING A COURT ORDER COMPELLING ARBITRATION. SKYANGELS AND STUDENT ACKNOWLEDGE THE ABOVE AND FURTHER ACKNOWLEDGE THAT THIS MUTUAL AGREEMENT FOR BINDING ARBITRATION IS VOLUNTARY.
By checking the box and clicking “Sign-up”, Student and SkyAngels confirm that they have read and understand this provision, and voluntarily agree to binding arbitration. In doing so, both parties voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Student has been advised that it has the right to have independent counsel review this arbitration provision and this entire Agreement prior to "checking the box" to agree to the Terms & Conditions.
SURVIVABILITY.
The terms, provisions, representations, and warranties contained in this Agreement that by their sense and context are intended to survive the performance thereof by any of the parties hereunder shall so survive the completion of performance and termination of this Agreement, including the making of any and all payments hereunder.
LIABILITY WAIVER.
Because certain aspects of safety training can be strenuous and subject Student to risk of serious injury, Student affirms that he/she is in good health and able physical condition, and is participating in these training activities entirely at Student’s own risk. Student agrees that he/she is voluntarily participating in these activities and assumes all risks of injury, illness, or death. By clicking the "SkyAngels SKYacademy Terms & Conditions" checkbox, Student acknowledges that he/she has carefully read this provision and fully understand that it is a release of liability and expressly agrees to release and discharge SkyAngels from any and all claims or causes of action.